Full Text of SB2566 93rd General Assembly
SB2566 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2566
Introduced 2/4/2004, by Denny Jacobs SYNOPSIS AS INTRODUCED: |
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Amends the Metropolitan Water Reclamation District Article of the Illinois
Pension Code.
Provides that a child's annuity is payable to a child who is over 18 years of age, but less than 23 years of age, if he or she is a full-time student. Eliminates the 3-day waiting period for the payment of a duty disability benefit for certain persons. Creates an interim disability benefit for an employee who has a pending workers' compensation claim or who is awaiting a final determination by the Industrial Commission. Provides a minimum annuity for certain retirees and surviving spouses.
Authorizes employer pickup and tax-deferred status for contributions made
toward the alternative plan for commissioners.
With respect to the 5 years of service needed to establish eligibility for a
disability retirement annuity, excludes service credit earned while on
disability for new employees.
Clarifies the calculation of service with respect to the Optional Plan.
Allows an employee who has returned to service to repay a prior refund within
the 90 days following his or her final withdrawal from service.
Allows payment of a refund to certain nonvested employees who are under age 55
(rather than 50).
Provides that the refund due to a person who enters service on or after the effective date of this amendatory Act and who must forfeit his or her pension because of a felony conviction shall be equal to his or her contributions (including amounts paid by the person to establish additional or optional credit), without interest, less the amount of any benefits paid to the person (including benefits paid to an alternate payee under a QILDRO). Provides that the refund shall not include employer contributions or any interest on contributions. Amends the State Mandates Act to require
implementation without reimbursement. Effective immediately. |
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB2566 |
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LRB093 20771 LRD 46672 b |
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| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections
13-301, 13-302, 13-306, 13-308, 13-309, 13-310, | 6 |
| 13-311, 13-314, 13-402, 13-502, 13-601, 13-603, and 13-807 and | 7 |
| adding Section 13-309.1 as follows:
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| (40 ILCS 5/13-301) (from Ch. 108 1/2, par. 13-301)
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| Sec. 13-301. Retirement annuity; eligibility. Any employee | 10 |
| who
withdraws from service and meets the age and service | 11 |
| requirements and other
conditions set forth in subsections (a), | 12 |
| (b), (c) or (d) hereof is entitled
to receive a retirement | 13 |
| annuity.
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| (a) Withdrawal on or after age 60. Any employee, upon | 15 |
| withdrawal from
service on or after attainment of age 60 and | 16 |
| having at least 5 years of
service, is entitled to a retirement | 17 |
| annuity.
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| (b) Withdrawal on or after attainment of minimum retirement
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| qualifications and prior to
age 60.
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| (1) Any employee, upon withdrawal from service on or
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| after attainment of age 55 (age 50 if the employee first | 22 |
| entered service
before June 13, 1997)
but prior to age 60 | 23 |
| and having at least 10 years of service, is entitled to a
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| retirement annuity as of the date of withdrawal or, at the | 25 |
| option of the
employee, at any time thereafter.
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| (2) Any employee who withdraws on or after
attainment | 27 |
| of age 55 (age 50 if the employee first entered service
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| before June 13, 1997)
and prior to age 60 having at least 5 | 29 |
| years but less than 10 years of service
is entitled to a | 30 |
| retirement annuity upon attainment of age 62, subject to | 31 |
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other requirements of this Article.
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| (3) Any employee who withdraws from service on or after
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| attainment
of age 50 but prior to age 60 and is eligible | 2 |
| for early retirement without
discount
under the Rule of 80 | 3 |
| as provided in subsection (c) of Section 13-302 is
entitled
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| to a
retirement annuity at the time of withdrawal.
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| (c) Withdrawal prior to minimum retirement age. Any | 6 |
| employee,
upon withdrawal from service prior to age 55 (age 50 | 7 |
| if the employee
first entered service before June 13,
1997) and | 8 |
| having at least 10 years of service, shall become entitled to a
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| retirement annuity upon attainment of age 55 (age 50 if the | 10 |
| employee
first entered service before June 13,
1997) or, at the | 11 |
| option of the employee, at any time thereafter, subject to
the | 12 |
| other requirements of this Article.
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| (d) Withdrawal while disabled. Any employee having at least | 14 |
| 5 years of
service who has received ordinary disability | 15 |
| benefits on or after January
1, 1986 for the maximum period of | 16 |
| time hereinafter prescribed, and who
continues to be disabled | 17 |
| and withdraws from service, shall be entitled to a
retirement | 18 |
| annuity. In the case of an employee who enters service after
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| the effective date of this amendatory Act of the 93rd General | 20 |
| Assembly, the
required 5 years of service is exclusive of | 21 |
| service credit described in
Section 13-313. The age and service | 22 |
| conditions as to eligibility for
such annuity shall be waived | 23 |
| as to the employee, but the early retirement
discount under | 24 |
| Section 13-302(b) shall apply. If the employee is under age
55 | 25 |
| on the date of withdrawal, the retirement annuity shall be | 26 |
| computed by
assuming that the employee is then age 55 and then | 27 |
| reduced to its actuarial
equivalent at his attained age on that | 28 |
| date according to applicable
mortality tables and interest | 29 |
| rates. The retirement annuity shall not be
payable for any | 30 |
| period prior to the employee's attainment of age 55 during
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| which the employee is able to return to gainful employment.
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| Upon the employee's death while in
receipt of a retirement | 33 |
| annuity, a surviving spouse or minor children shall
be entitled | 34 |
| to receive a surviving spouse's annuity or child's annuity
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| subject to the conditions hereinafter prescribed in Sections | 36 |
| 13-305 through
13-308.
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| (Source: P.A. 92-599, eff. 6-28-02.)
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| (40 ILCS 5/13-302) (from Ch. 108 1/2, par. 13-302)
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| Sec. 13-302. Computation of retirement annuity.
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| (a) Computation of annuity. An employee who withdraws from | 5 |
| service on
or after July 1, 1989 and who has met the age and | 6 |
| service requirements and
other conditions for eligibility set | 7 |
| forth in Section 13-301 of this
Article is entitled to receive | 8 |
| a retirement annuity for life equal to 2.2%
of average final | 9 |
| salary for each of the first 20 years of service, and 2.4%
of | 10 |
| average final salary for each year of service in excess of 20. | 11 |
| The
retirement annuity shall not exceed 80% of average final | 12 |
| salary.
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| (b) Early retirement discount. If an employee retires prior | 14 |
| to
attainment of age 60 with less than 30 years of service, the | 15 |
| annuity
computed above shall be reduced by 1/2 of 1% for each | 16 |
| full month between
the date the annuity begins and attainment | 17 |
| of age 60, or each full month by
which the employee's service | 18 |
| is less than 30 years, whichever is less.
However, where the | 19 |
| employee first enters service after June 13, 1997 and does not | 20 |
| have at least 10
years of service exclusive of credit under | 21 |
| Article 20, the annuity computed
above shall be reduced by 1/2 | 22 |
| of 1% for each full month between the date the
annuity begins | 23 |
| and attainment of age 60.
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| (c) Rule of 80 - Early retirement without discount. For an | 25 |
| employee
who
retires on or after January 1, 2003 but on or | 26 |
| before December 31, 2007, if the
employee is eligible for a | 27 |
| retirement annuity under Section 13-301 and has at
least
10 | 28 |
| years of service exclusive of credit under Article 20 and if at | 29 |
| the date of
withdrawal the employee's age when added to the | 30 |
| number of years of his or her
creditable
service equals at | 31 |
| least 80, the early retirement discount in subsection (b) of
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| this
Section does not apply. For purposes of this Rule of 80, | 33 |
| portions of years
shall be
considered in whole months.
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| An employee who has terminated employment with the employer | 35 |
| under this
Article prior to the effective date of this |
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| amendatory Act of the 92nd General
Assembly and subsequently | 2 |
| re-enters service must remain in service with the
employer | 3 |
| under this Article for at least 2 years after re-entry during | 4 |
| the
period
beginning on January 1, 2003 and ending on December | 5 |
| 31, 2007 to be entitled to
early retirement without discount | 6 |
| under this subsection (c).
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| In the case of an employee who retires under the terms of | 8 |
| Article 20,
eligibility
for early retirement without discount | 9 |
| under this subsection (c) shall be based
upon
the employee's | 10 |
| age and service credit at the time of withdrawal from the final
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| fund.
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| (c-1) Early retirement without discount; retirement after | 13 |
| June 29,
1997 and before January 1, 2003. An employee
who (i) | 14 |
| has attained age 55 (age 50 if the employee
first entered | 15 |
| service before June 13, 1997), (ii) has at least 10 years of
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| service exclusive
of credit under Article 20, (iii) retires | 17 |
| after June 29, 1997 and before
January 1, 2003, and (iv) | 18 |
| retires within 6 months of the last day for which
retirement | 19 |
| contributions were required, may elect at the time of | 20 |
| application to
make a one-time employee
contribution to the | 21 |
| Fund and thereby avoid the early retirement reduction
specified | 22 |
| in subsection (b). The exercise of the election shall also | 23 |
| obligate
the employer to make a one-time nonrefundable | 24 |
| contribution to the Fund.
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| The one-time employee and employer contributions shall be a | 26 |
| percentage
of the retiring employee's highest full-time annual | 27 |
| salary, calculated as the
total amount of salary included in | 28 |
| the highest 26 consecutive pay periods as
used in the average | 29 |
| final salary calculation, and based on the employee's age
and | 30 |
| service at retirement. The employee rate shall be 7% multiplied | 31 |
| by the
lesser of the following 2 numbers: (1) the number of | 32 |
| years, or portion thereof,
that the employee is less than age | 33 |
| 60; or (2) the number of years, or portion
thereof, that the | 34 |
| employee's service is less than 30 years. The employer
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| contribution shall be at the rate of 20% for each year, or | 36 |
| portion thereof,
that the participant is less than age 60.
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| Upon receipt of the application, the Board shall determine | 2 |
| the corresponding
employee and employer contributions. The | 3 |
| annuity shall not be payable
under this subsection until both | 4 |
| the required contributions have been received
by the Fund. | 5 |
| However, the date the contributions are received shall
not be | 6 |
| considered in determining the effective date of retirement.
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| The number of employees who may retire under this Section | 8 |
| in any year may
be limited at the option of the District to a | 9 |
| specified percentage of those
eligible, not lower than 30%, | 10 |
| with the right to participate to be allocated
among those | 11 |
| applying on the basis of seniority in the service of the | 12 |
| employer.
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| An employee who has terminated employment and subsequently | 14 |
| re-enters
service shall not be entitled to early retirement | 15 |
| without discount under
this subsection unless the employee | 16 |
| continues in service for at least 4
years after re-entry.
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| (d) Annual increase. Except for employees retiring and | 18 |
| receiving a term
annuity, an employee who retires on or after | 19 |
| July 1, 1985 but before July 12,
2001, shall,
upon the first | 20 |
| payment date following the first anniversary of the date of
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| retirement, have the monthly annuity increased by 3% of the | 22 |
| amount of the
monthly annuity fixed at the date of retirement.
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| Except for employees retiring and receiving a term annuity, an | 24 |
| employee who
retires on or after July 12, 2001 shall, on the | 25 |
| first day of the month in which the first
anniversary of the | 26 |
| date of retirement occurs, have the monthly annuity
increased | 27 |
| by 3% of the amount of the monthly annuity fixed at the date of
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| retirement.
The monthly annuity shall be increased by an | 29 |
| additional 3% on the same date
each year thereafter. Beginning | 30 |
| January 1, 1993, all annual increases payable
under this | 31 |
| subsection (or any predecessor provision, regardless of the | 32 |
| date
of retirement) shall be calculated at the rate of 3% of | 33 |
| the monthly annuity
payable at the time of the increase, | 34 |
| including any increases previously granted
under this Article.
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| Any employee who (i) retired before July 1, 1985 with at | 36 |
| least 10 years of
creditable service, (ii) is receiving a |
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LRB093 20771 LRD 46672 b |
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| retirement annuity under this Article,
other than a term | 2 |
| annuity, and (iii) has not received any annual increase under
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| this subsection, shall begin receiving the annual increases | 4 |
| provided under this
subsection (d) beginning on the next | 5 |
| annuity payment date following June
13, 1997.
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| (e) Minimum retirement annuity. Beginning January 1, 1993, | 7 |
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minimum monthly retirement annuity shall be $500 for any | 8 |
| annuitant having
at least 10 years of service under this | 9 |
| Article, other than a term
annuitant or an annuitant who began | 10 |
| receiving the annuity before attaining
age 60. Any such | 11 |
| annuitant who is receiving a monthly annuity of less than
$500 | 12 |
| shall have the annuity increased to $500 on that date.
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| Beginning January 1, 1993, the minimum monthly retirement | 14 |
| annuity shall
be $250 for any annuitant (other than a term or | 15 |
| reciprocal annuitant or an
annuitant under subsection (d) of | 16 |
| Section 13-301) having less than 10 years
of service under this | 17 |
| Article, and for any annuitant (other than a term
annuitant) | 18 |
| having at least 10 years of service under this Article who | 19 |
| began
receiving the annuity before attaining age 60. Any such | 20 |
| annuitant who is
receiving a monthly annuity of less than $250 | 21 |
| shall have the annuity
increased to $250 on that date.
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| Beginning August 1, 2001
on the first day of the month | 23 |
| following the
month in which this amendatory Act of the 92nd | 24 |
| General Assembly takes effect
(and without regard to whether | 25 |
| the annuitant was in service on or after that
effective date), | 26 |
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minimum monthly retirement annuity for any annuitant having | 27 |
| at least 10 years
of service, other than an annuitant whose | 28 |
| annuity is subject to an early
retirement discount, shall be | 29 |
| $500 plus $25 for each year of service in excess
of 10, not to | 30 |
| exceed $750 for an annuitant with 20 or more years of service.
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| In the case of a reciprocal annuity, this minimum shall apply | 32 |
| only if the
annuitant has at least 10 years of service under | 33 |
| this Article, and the amount
of the minimum annuity shall be | 34 |
| reduced by the sum of all the reciprocal
annuities payable to | 35 |
| the annuitant by other participating systems under Article
20 | 36 |
| of this Code.
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| Notwithstanding any other provision of this subsection, | 2 |
| beginning on the
first annuity payment date following July 12, | 3 |
| 2001, an employee who retired
before August 23, 1989
with at | 4 |
| least 10 years of service under this Article but before | 5 |
| attaining age
60 (regardless of whether the retirement annuity | 6 |
| was subject to an early
retirement discount) shall be entitled | 7 |
| to the same minimum monthly retirement
annuity under this | 8 |
| subsection as an employee who retired with at least 10
years of | 9 |
| service under this Article and after attaining age 60.
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| Notwithstanding any other provision of this subsection, | 11 |
| beginning on the
first day of the month following the month in | 12 |
| which this amendatory Act of the
93rd General Assembly takes | 13 |
| effect (and without regard to whether the annuitant
was in | 14 |
| service on or after that effective date), an employee who | 15 |
| retired on or
after August 23, 1989 with at least 10 years of | 16 |
| service under this Article but
before attaining age 60 | 17 |
| (regardless of whether the retirement annuity was
subject to an | 18 |
| early retirement discount), shall be entitled to the same | 19 |
| minimum
monthly retirement annuity under this subsection as an | 20 |
| employee who retired
with at least 10 years of service under | 21 |
| this Article and after attaining age
60.
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| (Source: P.A. 92-53, eff. 7-12-01; 92-599, eff. 6-28-02.)
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| (40 ILCS 5/13-306) (from Ch. 108 1/2, par. 13-306)
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| Sec. 13-306. Computation of surviving spouse's annuity.
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| (a) Computation of the annuity. The surviving spouse's | 26 |
| annuity shall be
equal to 60% of the retirement annuity earned | 27 |
| and accrued to the
credit of the deceased employee, whether | 28 |
| death occurs while in service or
after withdrawal, plus 1% for | 29 |
| each year of total service of the employee to
a maximum of 85%; | 30 |
| provided, however, that if the employee's death arises
out of | 31 |
| and in the course of the employee's service to the employer and | 32 |
| is
compensable under either the Illinois Workers' Compensation | 33 |
| Act or Illinois
Workers' Occupational Diseases Act, the | 34 |
| surviving spouse's annuity is payable
regardless of the | 35 |
| employee's length of service and shall be
not less than 50% of |
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| the employee's salary at the date of death.
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| For any death in service the early retirement discount | 3 |
| required under
Section 13-302(b) shall not be applied in | 4 |
| computing the retirement annuity
upon which is based the | 5 |
| surviving spouse's annuity.
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| (b) Reciprocal service. For any employee or annuitant who | 7 |
| retires on or
after July 1, 1985 and whose death occurs after | 8 |
| January 1, 1991, having
at least 15 years of service with the | 9 |
| employer under this Article, and
who was eligible at the time | 10 |
| of death or elected at the time of retirement
to have his or | 11 |
| her retirement annuity calculated as provided in Section 20-131
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| of this Code, the surviving spouse benefit shall be calculated | 13 |
| as of the
date of the employee's death as indicated in | 14 |
| subsection
(a) as a percentage of the employee's total benefit | 15 |
| as if all service had
been with the employer. That benefit | 16 |
| shall then be reduced by
the amounts payable by each of the | 17 |
| reciprocal funds as of the date of death
so that the total | 18 |
| surviving spouse benefit at that date will be equal to
the | 19 |
| benefit which would have been payable had all service been with | 20 |
| the
employer under this Article.
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| (c) Discount for age differential. The annuity for a | 22 |
| surviving spouse
shall be discounted by 0.25% for each full | 23 |
| month that the spouse is younger
than the employee as of the | 24 |
| date of withdrawal from service or death in service
to a | 25 |
| maximum discount of 60% of the surviving spouse annuity as | 26 |
| calculated
under subsections (a), (b), and (e) of this Section. | 27 |
| The discount shall be
reduced by 10% for each full
year the | 28 |
| marriage has been in continuous effect as of the date of
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| withdrawal or death in service. There shall be no discount if | 30 |
| the marriage has
been in continuous effect for 10 full years or | 31 |
| more at the
time of withdrawal or death in service.
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| (d) Annual increase. Effective August 23, 1989, on the | 33 |
| first day of
each calendar month in which
there occurs an | 34 |
| anniversary of the employee's date of retirement or date of
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| death, whichever occurred first, the surviving spouse's | 36 |
| annuity, other than a
term annuity under Section 13-307, shall |
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| be increased by an amount equal to 3%
of the amount of the | 2 |
| annuity. Beginning January 1, 1993, all annual increases
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| payable under this subsection (or any predecessor provision of | 4 |
| this
Article) shall be calculated at the rate of 3% of the | 5 |
| monthly annuity payable
at the time of the increase, including | 6 |
| any increases previously granted under
this Article.
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| Beginning January 1, 1993, surviving spouse annuitants | 8 |
| whose deceased
spouse died, retired or withdrew from service | 9 |
| before August 23, 1989 with
at least 10 years of service under | 10 |
| this Article shall be eligible for the
annual increases | 11 |
| provided under this subsection.
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| (e) Minimum surviving spouse's annuity.
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| (1) Beginning January 1, 1993, the
minimum monthly | 14 |
| surviving spouse's annuity shall be $500 for any annuitant
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| whose deceased spouse had at least 10 years of service | 16 |
| under this Article,
other than a surviving spouse who is a | 17 |
| term annuitant or whose deceased
spouse began receiving a | 18 |
| retirement annuity under this Article before
attainment of | 19 |
| age 60. Any such surviving spouse annuitant who is | 20 |
| receiving
a monthly annuity of less than $500 shall have | 21 |
| the annuity increased to $500 on
that date.
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| Beginning January 1, 1993, the minimum monthly | 23 |
| surviving spouse's annuity
shall be $250 for any annuitant | 24 |
| (other than a term or reciprocal annuitant
or an annuitant | 25 |
| survivor under subsection (d) of Section 13-301) whose
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| deceased spouse had less than 10 years of service under | 27 |
| this Article, and
for any annuitant (other than a term | 28 |
| annuitant) whose deceased spouse had
at least 10 years of | 29 |
| service under this Article and began receiving a
retirement | 30 |
| annuity under this Article before attainment of age 60. Any
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| such surviving spouse annuitant who is receiving a monthly | 32 |
| annuity of less
than $250 shall have the annuity increased | 33 |
| to $250 on that date.
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| (2) Beginning August 1, 2001
on the first day of the | 35 |
| month following
the month in which
this amendatory Act of | 36 |
| the 92nd General Assembly takes effect (and without
regard |
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| to whether the
deceased spouse was in service on or after | 2 |
| that effective date), the
minimum
monthly surviving | 3 |
| spouse's annuity for any annuitant whose deceased spouse | 4 |
| had
at least 10 years of service shall be the greater of | 5 |
| the following:
| 6 |
| (A) An amount equal to $500, plus $25 for each year | 7 |
| of the deceased
spouse's service in excess of 10, not | 8 |
| to exceed $750 for an annuitant whose
deceased spouse | 9 |
| had 20 or more years of service. This subdivision (A) | 10 |
| is not
applicable if the deceased spouse received a | 11 |
| retirement annuity that was
subject to an early | 12 |
| retirement discount.
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| (B) An amount equal to (i) 50% of the retirement | 14 |
| annuity earned and
accrued to the credit of the | 15 |
| deceased spouse at the time of death, plus (ii)
the | 16 |
| amount of any annual increases applicable to the | 17 |
| surviving spouse's
annuity (including the amount of | 18 |
| any reversionary annuity) under
subsection (d) before | 19 |
| July 12, 2001
the effective date of this amendatory
Act | 20 |
| of the 92nd
General Assembly .
In any case in which a | 21 |
| refund of excess contributions for the surviving
| 22 |
| spouse annuity has been paid by the Fund and the | 23 |
| surviving spouse annuity is
increased due to the | 24 |
| application of this subdivision (B), the amount of that
| 25 |
| refund shall be recovered by the Fund as an offset | 26 |
| against the amount of the
increase in annuity arising | 27 |
| from the application of this subdivision (B).
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| In the case of a reciprocal annuity, the minimum | 29 |
| annuity calculated under
this subdivision (e)(2) shall | 30 |
| apply only if the deceased spouse of the
annuitant had | 31 |
| at least 10 years of service under this Article, and | 32 |
| the amount
of the minimum annuity shall be reduced by | 33 |
| the sum of all the reciprocal
annuities payable to the | 34 |
| annuitant by other participating systems under Article
| 35 |
| 20 of this Code.
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| The minimum annuity calculated under this |
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| subdivision (e)(2) is in
addition
to the amount of any | 2 |
| reversionary annuity that may be payable.
| 3 |
| (3) Beginning August 1, 2001
on the first day of the | 4 |
| month following
the month in which
this amendatory Act of | 5 |
| the 92nd General Assembly takes effect (and without
regard | 6 |
| to whether the deceased spouse was in service on or after | 7 |
| that
effective
date), any surviving spouse who is receiving | 8 |
| a term annuity under Section
13-307 or any predecessor | 9 |
| provision of this Article may have that term annuity
| 10 |
| recalculated and converted to a minimum surviving spouse | 11 |
| annuity under this
subsection (e).
| 12 |
| (4) Notwithstanding any other provision of this | 13 |
| subsection, beginning
August 1, 2001
on
the first annuity | 14 |
| payment date following the effective date of this | 15 |
| amendatory
Act of the 92nd General Assembly , an annuitant | 16 |
| whose deceased spouse retired
before August 23, 1989 with | 17 |
| at least 10 years of service under this Article but
before | 18 |
| attaining age 60 (regardless of whether the retirement | 19 |
| annuity was
subject to an early retirement discount) shall | 20 |
| be entitled to the same minimum
monthly surviving spouse's | 21 |
| annuity under this subsection as an annuitant whose
| 22 |
| deceased spouse retired with at least 10 years of service | 23 |
| under this Article
and after attaining age 60. Further | 24 |
| notwithstanding any other provision of
this subsection, | 25 |
| beginning on the first day of the month following the month
| 26 |
| in which this amendatory Act of the 93rd General Assembly | 27 |
| takes effect, an
annuitant whose deceased spouse retired on | 28 |
| or after August 23, 1989 with at
least 10 years of service | 29 |
| under this Article but before attaining age 60
(regardless | 30 |
| of whether the retirement annuity was subject to an early
| 31 |
| retirement discount) shall be entitled to the same minimum | 32 |
| monthly surviving
spouse's annuity under this subsection | 33 |
| as an annuitant whose deceased spouse
retired with at least | 34 |
| 10 years of service under this Article and after
attaining | 35 |
| age 60.
| 36 |
| (5) The minimum annuity provided under this subsection |
|
|
|
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LRB093 20771 LRD 46672 b |
|
| 1 |
| (e) shall be
subject to the age discount provided under | 2 |
| subsection (c) of this Section.
| 3 |
| (Source: P.A. 92-53, eff. 7-12-01.)
| 4 |
| (40 ILCS 5/13-308) (from Ch. 108 1/2, par. 13-308)
| 5 |
| Sec. 13-308. Child's annuity.
| 6 |
| (a) Eligibility. A child's annuity shall be provided for | 7 |
| each unmarried
child under the age of 18 years (under the age | 8 |
| of 23 years in the case of a full-time student) whose employee
| 9 |
| parent dies while in service, or whose deceased parent is an | 10 |
| annuitant or
former employee with at least 10 years of | 11 |
| creditable service who did not take a
refund of employee | 12 |
| contributions. Eligibility for benefits to unmarried children | 13 |
| over the age of 18 but under the age of 23 begins no earlier | 14 |
| than the first day of the month following the month in which | 15 |
| this amendatory Act of the 93rd General Assembly takes effect.
| 16 |
| For purposes of this Section, "employee" includes a former | 17 |
| employee, and
"child" means the issue of an employee, or a | 18 |
| child adopted by an employee if
the proceedings for adoption | 19 |
| were instituted at least one year prior to the
employee's | 20 |
| death.
| 21 |
| Payments shall cease when a child attains the age of 18 | 22 |
| years (age of 23 years in the case of a full-time student) or | 23 |
| marries,
whichever first occurs. The annuity shall not be | 24 |
| payable unless the employee
has been employed as an employee | 25 |
| for at
least 36 months from the date of the employee's original
| 26 |
| entry into service (at least 24 months in the case of an | 27 |
| employee who first
entered service before June 13,
the | 28 |
| effective date of this amendatory Act of 1997) and
at least 12 | 29 |
| months from the date of the employee's latest
re-entry into | 30 |
| service; provided, however, that if death arises out of and
in | 31 |
| the course of service to the employer and is compensable under | 32 |
| either the
Illinois Workers' Compensation Act or Illinois | 33 |
| Workers' Occupational
Diseases Act, the annuity is payable | 34 |
| regardless of the employee's length of
service.
| 35 |
| (b) Amount. A child's annuity shall be $500 per month for
|
|
|
|
SB2566 |
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|
| 1 |
| one child and $350 per month for each additional child, up to a
| 2 |
| maximum of $2,500 per month for all children of the employee, | 3 |
| as provided in
this Section, if a parent of the child is | 4 |
| living. The child's annuity
shall be $1,000 per month for one | 5 |
| child and $500 per month
for each additional child, up to a | 6 |
| maximum of $2,500 for all children of
the employee, when | 7 |
| neither parent is alive. The total amount payable to
all | 8 |
| children of the employee shall be divided equally among those | 9 |
| children.
Any child's annuity which commenced prior to July 12, | 10 |
| 2001
the effective date of this
amendatory Act of the 92nd | 11 |
| General Assembly shall be increased
upon the first day of the | 12 |
| month following the month in which that
effective date occurs, | 13 |
| to the amount set forth herein.
| 14 |
| (c) Payment. Until a child attains the age of 18 years, a
A | 15 |
| child's annuity shall be paid to the child's parent or
other | 16 |
| person who shall be providing for the child without requiring | 17 |
| formal
letters of guardianship, unless another person shall be | 18 |
| appointed by a
court of law as guardian.
| 19 |
| (Source: P.A. 92-53, eff. 7-12-01.)
| 20 |
| (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)
| 21 |
| Sec. 13-309. Duty disability benefit.
| 22 |
| (a) Any employee who becomes disabled, which disability is | 23 |
| the result of an
injury or illness compensable under the | 24 |
| Illinois Workers' Compensation Act or
the Illinois Workers' | 25 |
| Occupational Diseases Act, is entitled to a duty
disability | 26 |
| benefit during the period of disability for which the employee | 27 |
| does
not receive any part of salary, or any part of a | 28 |
| retirement annuity under this
Article; except that in the case | 29 |
| of an employee who first enters service on or
after June 13,
| 30 |
| the effective date of this amendatory Act of 1997 and becomes | 31 |
| disabled before the effective date of this amendatory Act of | 32 |
| the 93rd General Assembly , a duty disability
benefit is not | 33 |
| payable for the first 3 days of disability that would otherwise
| 34 |
| be payable under this Section if the disability does not | 35 |
| continue for at least
11 additional days. The changes made to |
|
|
|
SB2566 |
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LRB093 20771 LRD 46672 b |
|
| 1 |
| this Section by this amendatory Act of the 93rd General | 2 |
| Assembly are prospective only and do not entitle an employee to | 3 |
| a duty disability benefit for the first 3 days of any | 4 |
| disability that occurred before that effective date and did not | 5 |
| continue for at least 11 days. This benefit shall be 75% of | 6 |
| salary at the date disability
begins. However, if the | 7 |
| disability in any measure resulted from any physical
defect or | 8 |
| disease which existed at the time such injury was sustained or | 9 |
| such
illness commenced, the duty disability benefit shall be | 10 |
| 50% of salary.
| 11 |
| Unless the employer acknowledges that the disability is a | 12 |
| result of
injury or illness compensable under the Workers' | 13 |
| Compensation Act or the
Workers' Occupational Diseases Act, the | 14 |
| duty disability benefit shall
not be payable until the issue of | 15 |
| compensability under those Acts is finally
adjudicated. The | 16 |
| period of disability shall be as determined by the Illinois
| 17 |
| Industrial Commission or acknowledged by the employer.
| 18 |
| The first payment shall be made not later than one month | 19 |
| after the
benefit is granted, and subsequent payments shall be | 20 |
| made at least monthly.
The Board shall by rule prescribe for | 21 |
| the payment of such benefits on the
basis of the amount of | 22 |
| salary lost during the period of disability.
| 23 |
| (b) The benefit shall be allowed only if the following | 24 |
| requirements are
met by the employee:
| 25 |
| (1) Application is made to the Board within 90 days | 26 |
| from the date
disability begins;
| 27 |
| (2) A medical report is submitted by at least one | 28 |
| licensed and
practicing physician as part of the employee's | 29 |
| application; and
| 30 |
| (3) The employee is examined by at least one licensed | 31 |
| and practicing
physician appointed by the Board and found | 32 |
| to be in a disabled physical
condition, and shall be | 33 |
| re-examined at least annually thereafter during the
| 34 |
| continuance of disability. The employee need not be | 35 |
| re-examined by a
licensed and practicing physician if the | 36 |
| attorney for the district
certifies in writing that the |
|
|
|
SB2566 |
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LRB093 20771 LRD 46672 b |
|
| 1 |
| employee is entitled to receive compensation
under the | 2 |
| Workers' Compensation Act or the Workers' Occupational | 3 |
| Diseases Act.
| 4 |
| (c) The benefit shall terminate when:
| 5 |
| (1) The employee returns to work or receives a | 6 |
| retirement annuity paid
wholly or in part under this | 7 |
| Article;
| 8 |
| (2) The disability ceases;
| 9 |
| (3) The employee attains age 65, but if the employee | 10 |
| becomes disabled at
age 60 or later, benefits may be | 11 |
| extended for a period of no
more than 5 years after
| 12 |
| disablement;
| 13 |
| (4) The employee (i) refuses to submit to reasonable | 14 |
| examinations by
physicians or other health professionals | 15 |
| appointed by the Board, (ii) fails
or refuses to consent to | 16 |
| and sign an authorization allowing the Board to
receive | 17 |
| copies of or to examine the employee's medical and hospital | 18 |
| records,
or (iii) fails or refuses to provide complete | 19 |
| information regarding any other
employment for | 20 |
| compensation he or she has received since becoming | 21 |
| disabled;
or
| 22 |
| (5) The employee willfully and continuously refuses to | 23 |
| follow medical advice and treatment to enable the employee | 24 |
| to return to
work. However this provision does not apply to | 25 |
| an employee who relies in good
faith on treatment by prayer | 26 |
| through spiritual means alone in accordance with
the tenets | 27 |
| and practice of a recognized church or religious | 28 |
| denomination, by a
duly accredited practitioner thereof.
| 29 |
| In the case of a duty disability recipient who returns to | 30 |
| work, the employee
must make application to the Retirement | 31 |
| Board within 2 years from the date the
employee last received | 32 |
| duty disability benefits in order to become again
entitled to | 33 |
| duty disability benefits based on the injury for which a duty
| 34 |
| disability benefit was theretofore paid.
| 35 |
| In the event that an interim disability benefit has been | 36 |
| received, the benefit paid under this Section shall be subject |
|
|
|
SB2566 |
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LRB093 20771 LRD 46672 b |
|
| 1 |
| to adjustment by the Board under Section 13-309.1.
| 2 |
| (Source: P.A. 90-12, eff. 6-13-97; 91-887, eff. 7-6-00.)
| 3 |
| (40 ILCS 5/13-309.1 new)
| 4 |
| Sec. 13-309.1. Interim disability benefit. | 5 |
| (a) An employee who claims to be physically incapacitated | 6 |
| to perform the duties of his
or her position shall receive an | 7 |
| interim disability benefit, provided that: | 8 |
| (1) the employer,
being a separate entity from the | 9 |
| Retirement System governed by this Article, (i) has | 10 |
| formally denied all employer-paid temporary total | 11 |
| disability
benefits under the Workers' Compensation Act or | 12 |
| the Workers' Occupational
Diseases Act and an appeal of | 13 |
| that denial is pending before the Industrial
Commission of | 14 |
| Illinois, or (ii) has granted and then terminated for any
| 15 |
| reason an employer-paid temporary total disability benefit | 16 |
| and the employee has
filed a petition for emergency hearing | 17 |
| under Section 19(b-1) of the Workers'
Compensation Act or | 18 |
| Section 19(b-1) of the Workers' Occupational Diseases
Act; | 19 |
| and
| 20 |
| (2) application is made not later than (i) 3 months | 21 |
| after the date
that the disability results in loss of pay, | 22 |
| (ii) 3
months after the date the employer has formally | 23 |
| denied or terminated the employer-paid temporary total
| 24 |
| disability benefit, or (iii) in the case of termination of | 25 |
| an employer-paid
temporary total disability benefit, 3 | 26 |
| months after the effective date of this
amendatory Act of | 27 |
| the 93rd General Assembly, whichever occurs last; and
| 28 |
| (3) proper proof is received from one or more | 29 |
| physicians certifying that the employee is physically | 30 |
| incapacitated.
| 31 |
| (b) In the case of a denial of benefits,
the interim | 32 |
| disability benefit shall begin to accrue on the 1st
day of | 33 |
| absence from work on account of disability, but the benefit | 34 |
| shall
not become actually payable to the employee until the | 35 |
| payroll following the Board meeting at which the benefit is |
|
|
|
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|
| 1 |
| granted. The employee must provide proof of filing a pending | 2 |
| appeal of that denial before the Industrial Commission of | 3 |
| Illinois.
| 4 |
| In the case of termination of an employer-paid temporary | 5 |
| total disability
benefit, the interim disability benefit under | 6 |
| this Section shall be
calculated from the day following the | 7 |
| date of termination of the employer-paid
benefit, but shall not | 8 |
| become payable to the employee until the payroll following the | 9 |
| Board meeting at which the benefit is granted. The employee | 10 |
| must provide proof of filing a petition for emergency hearing | 11 |
| under Section 19(b-1) of the Workers' Compensation Act or | 12 |
| Section 19(b-1) of the Workers' Occupational Diseases Act. | 13 |
| Only one interim benefit under this subsection may be | 14 |
| awarded per injury. If a terminated employer-paid
temporary | 15 |
| total disability benefit is resumed or replaced with another
| 16 |
| employer-paid disability benefit and the resumed or | 17 |
| replacement benefit is
later terminated and the employee again | 18 |
| files a petition for emergency hearing
under Section 19(b-1) of | 19 |
| the Workers' Compensation Act or Section 19(b-1) of
the | 20 |
| Workers' Occupational Diseases Act, the employee may again | 21 |
| become eligible to
receive an interim disability benefit under | 22 |
| this Section.
| 23 |
| The benefit is not payable for any disability which begins | 24 |
| during any period of unpaid leave of absence. No benefit shall | 25 |
| be allowed for any period of disability prior to 30 days before | 26 |
| application is made, unless the Board finds good cause for the | 27 |
| delay in filing the application. The benefit shall not be paid | 28 |
| during any period for which the employee receives or is | 29 |
| entitled to receive any part of salary.
| 30 |
| The benefit shall continue to accrue for no more than 3 | 31 |
| months or until the first of the following events
occurs:
| 32 |
| (1) the disability ceases;
| 33 |
| (2) the employee engages in gainful employment or | 34 |
| receives a retirement annuity paid wholly or in part under | 35 |
| this Article;
| 36 |
| (3) a payment is made on the employee's claim pursuant |
|
|
|
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LRB093 20771 LRD 46672 b |
|
| 1 |
| to a
determination made by the employer under the Workers' | 2 |
| Compensation Act or the Workers' Occupational
Diseases | 3 |
| Act;
| 4 |
| (4) a final determination is made on the employee's | 5 |
| claim by the
Industrial Commission of Illinois. | 6 |
| (5) the date on which the aggregate period for which | 7 |
| interim disability payments added to the period for which | 8 |
| ordinary disability benefits have been made becomes equal | 9 |
| to 25% of the employee's total period of creditable | 10 |
| service, not including the time for which he or she has | 11 |
| received an interim disability benefit or ordinary | 12 |
| disability benefit, and with a cumulative maximum of 5 | 13 |
| years for ordinary disability and interim disability | 14 |
| benefits combined for purposes of this item (5) only; | 15 |
| (6) the employee (i) refuses to submit to reasonable | 16 |
| examinations by physicians or other health professionals | 17 |
| appointed by the Board, or (ii) fails or refuses to consent | 18 |
| to and sign an authorization allowing the Board to receive | 19 |
| copies of or to examine the employee's medical and hospital | 20 |
| records, or (iii) fails or refuses to provide complete | 21 |
| information regarding any other employment for | 22 |
| compensation he or she has received since becoming | 23 |
| disabled, or (iv) willfully and continuously refuses to | 24 |
| follow medical advice and treatment to enable the employee | 25 |
| to return to work.
| 26 |
| (c) The interim disability benefit shall be 50% of the | 27 |
| employee's salary at the date of disability.
| 28 |
| (d) The interim disability benefit provided under this | 29 |
| Section is
intended as a temporary payment of duty disability | 30 |
| or ordinary
disability benefit, whichever is appropriate, in | 31 |
| cases in which the
character of the disability as either a duty | 32 |
| disability or an ordinary disability has not been
finally | 33 |
| determined.
| 34 |
| When an employer-paid disability benefit is paid or | 35 |
| resumed, the Board
shall calculate the benefit that is payable | 36 |
| under Section 13-309 and shall
deduct from the benefit payable |
|
|
|
SB2566 |
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LRB093 20771 LRD 46672 b |
|
| 1 |
| under Section 13-309 the amounts already paid
under this | 2 |
| Section; those amounts shall then be treated as if they had | 3 |
| been
paid under Section 13-309.
| 4 |
| When a final determination of the character of the
| 5 |
| disability has been made by the Industrial Commission of | 6 |
| Illinois, or by
settlement between the parties to the disputed | 7 |
| claim, the Board shall
calculate the benefit that is payable | 8 |
| under Section 13-309 or 13-310,
whichever is applicable, and | 9 |
| shall deduct from such benefit the amounts
already paid under | 10 |
| this Section; such amounts shall then be treated as if
they had | 11 |
| been paid under Section 13-309 or 13-310.
| 12 |
| (e) Any excess benefits paid under this Section shall be | 13 |
| subject to direct and immediate recovery
by the Fund from | 14 |
| benefits payable under the Workers' Compensation Act or the
| 15 |
| Workers' Occupational Diseases Act or from third parties as | 16 |
| provided in Section
13-311, or from any other benefits payable | 17 |
| either to the member or on his
behalf under this Article. A | 18 |
| member who accepts benefits under this Section
acknowledges and | 19 |
| authorizes these recovery rights of the System. In the event | 20 |
| that this Retirement System does not receive immediate recovery | 21 |
| according to this subsection (e), the employee must pay to the | 22 |
| Fund the excess benefit amount, plus interest at the annual | 23 |
| rate from time to time determined by the Board, compounded | 24 |
| annually from the date the benefit was paid to the employee by | 25 |
| the third party to the date of payment to this Retirement | 26 |
| System by the employee. | 27 |
| (f) The Board shall prescribe rules governing the filing
of | 28 |
| claims for interim disability benefits, and the investigation, | 29 |
| control
and supervision of those claims.
| 30 |
| (g) References in this Section to employer-paid benefits | 31 |
| include benefits
paid for by the Employer, either directly or | 32 |
| through a program of insurance or
self-insurance; but the term | 33 |
| does not include benefits paid by
the Fund under this Article.
| 34 |
| (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
| 35 |
| Sec. 13-310. Ordinary disability benefit.
|
|
|
|
SB2566 |
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LRB093 20771 LRD 46672 b |
|
| 1 |
| (a) Any employee who becomes disabled as the result of
any | 2 |
| cause other than injury or illness incurred in the performance | 3 |
| of duty
for the employer or any other employer, or while | 4 |
| engaged in self-employment
activities, shall be entitled to an | 5 |
| ordinary disability benefit. The
eligible period for this | 6 |
| benefit shall be 25% of the employee's total
actual service | 7 |
| prior to the date of disability with a cumulative maximum
| 8 |
| period of 5 years.
| 9 |
| (b) The benefit shall be allowed only if the employee files | 10 |
| an
application in writing with the Board, and a medical report | 11 |
| is submitted by
at least one licensed and practicing physician | 12 |
| as part of the employee's
application.
| 13 |
| The benefit is not payable for any disability which begins | 14 |
| during any
period of unpaid leave of absence. No benefit shall | 15 |
| be allowed for any
period of disability prior to 30 days before | 16 |
| application is made, unless
the Board finds good cause for the | 17 |
| delay in filing the application. The
benefit shall not be paid | 18 |
| during any period for which the employee receives
or is | 19 |
| entitled to receive any part of salary.
| 20 |
| The benefit is not payable for any disability which begins | 21 |
| during any
period of absence from duty other than allowable | 22 |
| vacation time in any
calendar year. An employee whose | 23 |
| disability begins during any such
ineligible period of absence | 24 |
| from service may not receive benefits until
the employee | 25 |
| recovers from the disability and is in service for at least 15
| 26 |
| consecutive working days after such recovery.
| 27 |
| In the case of an employee who first enters service on or | 28 |
| after June 13,
the
effective date of this amendatory Act of | 29 |
| 1997, an ordinary disability benefit
is not payable for the | 30 |
| first 3 days of disability that would otherwise be
payable | 31 |
| under this Section if the disability does not continue for at | 32 |
| least 11
additional days.
| 33 |
| Beginning on the effective date of this amendatory Act of | 34 |
| the 93rd General Assembly, an employee who first entered | 35 |
| service on or after June 13, 1997 is also eligible for ordinary | 36 |
| disability benefits on the 31st day after the last day worked, |
|
|
|
SB2566 |
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LRB093 20771 LRD 46672 b |
|
| 1 |
| provided all sick leave is exhausted.
| 2 |
| (c) The benefit shall be 50% of the employee's salary at | 3 |
| the date of
disability, and shall terminate when the earliest | 4 |
| of the following occurs:
| 5 |
| (1) The employee returns to work or receives a | 6 |
| retirement annuity paid
wholly or in part under this | 7 |
| Article;
| 8 |
| (2) The disability ceases;
| 9 |
| (3) The employee willfully and continuously refuses to | 10 |
| follow medical
advice and treatment to enable the employee | 11 |
| to return to
work. However this provision does not apply to | 12 |
| an employee who relies in good
faith on treatment by prayer | 13 |
| through spiritual means alone in accordance with
the tenets | 14 |
| and practice of a recognized church or religious | 15 |
| denomination, by a
duly accredited practitioner thereof;
| 16 |
| (4) The employee (i) refuses to submit to a reasonable | 17 |
| physical
examination within 30 days of application by a | 18 |
| physician appointed by the
Board, (ii) in the case of | 19 |
| chronic alcoholism, the employee refuses
to join a | 20 |
| rehabilitation program licensed by the Department of | 21 |
| Public Health of
the State of Illinois and certified by the | 22 |
| Joint Commission on the
Accreditation of Hospitals, (iii) | 23 |
| fails or refuses to consent to and sign an
authorization | 24 |
| allowing the Board to receive copies of or to examine the
| 25 |
| employee's medical and hospital records, or (iv) fails or | 26 |
| refuses to provide
complete information regarding any | 27 |
| other employment for compensation he or she
has received | 28 |
| since becoming disabled; or
| 29 |
| (5) The eligible period for this benefit has been | 30 |
| exhausted.
| 31 |
| The first payment of the benefit shall be made not later | 32 |
| than one month
after the same has been granted, and subsequent | 33 |
| payments shall be made at
intervals of not more than 30 days. | 34 |
| (d) In the event that an interim disability benefit has | 35 |
| been received, the benefit paid under this Section shall be | 36 |
| subject to adjustment by the Board under Section 13-309.1.
|
|
|
|
SB2566 |
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LRB093 20771 LRD 46672 b |
|
| 1 |
| (Source: P.A. 90-12, eff. 6-13-97; 91-887, eff. 7-6-00.)
| 2 |
| (40 ILCS 5/13-311) (from Ch. 108 1/2, par. 13-311)
| 3 |
| Sec. 13-311. Credit for Workers' Compensation payments. If | 4 |
| an
employee, or an employee's spouse or children, receives | 5 |
| compensation under any
workers' compensation or occupational | 6 |
| diseases law, the benefit payable under this Article
shall be | 7 |
| reduced by the amount of the compensation so received if the | 8 |
| amount is
less than the annuity or benefit. If the compensation | 9 |
| exceeds the annuity or
benefit, no payment of annuity or | 10 |
| benefit shall be made until the period of
time has elapsed when | 11 |
| the annuity or benefit payable at the rates provided in
this | 12 |
| Article equals the amount of such compensation. However, the | 13 |
| commutation
of compensation to a lump sum basis as provided in | 14 |
| the workers' compensation or
occupational diseases law shall | 15 |
| not increase the annuity or benefit provided
under this | 16 |
| Article; the annuity or benefit to be paid hereunder shall be | 17 |
| based
on the amount of compensation awarded under such laws | 18 |
| prior to commutation of
such compensation. No interest shall be | 19 |
| considered in these calculations , except for benefits paid | 20 |
| under Section 13-309.1 .
| 21 |
| (Source: P.A. 91-887, eff. 7-6-00.)
| 22 |
| (40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314)
| 23 |
| Sec. 13-314. Alternative provisions for Water Reclamation | 24 |
| District
commissioners.
| 25 |
| (a) Transfer of credits. Any Water Reclamation District | 26 |
| commissioner
elected by vote of the people and who has elected | 27 |
| to participate in this
Fund may transfer to this Fund credits | 28 |
| and creditable service accumulated
under any other pension fund | 29 |
| or retirement system established under
Articles 2 through 18 of | 30 |
| this Code, upon payment to the Fund of (1) the
amount by which | 31 |
| the employer and employee contributions that would have
been | 32 |
| required if he had participated in this Fund during the period | 33 |
| for
which credit is being transferred, plus interest, exceeds | 34 |
| the amounts
actually transferred from such other fund or system |
|
|
|
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| to this Fund, plus (2)
interest thereon at 6% per year | 2 |
| compounded annually from the date of
transfer to the date of | 3 |
| payment.
| 4 |
| (b) Alternative annuity. Any participant commissioner may | 5 |
| elect to
establish alternative credits for an alternative | 6 |
| annuity by electing in
writing to make additional optional | 7 |
| contributions in accordance with this
Section and procedures | 8 |
| established by the Board. Unless and until such
time as the | 9 |
| U.S. Internal Revenue Service or the federal courts provide a
| 10 |
| favorable ruling as described in Section 13-502(f), a
such | 11 |
| commissioner
may discontinue making the additional optional | 12 |
| contributions by notifying the
Fund in writing in accordance | 13 |
| with this Section and procedures established
by the Board.
| 14 |
| Additional optional contributions for the alternative | 15 |
| annuity shall be
as follows:
| 16 |
| (1) For service after the option is elected, an | 17 |
| additional contribution
of 3% of salary shall be | 18 |
| contributed to the Fund on the same basis and
under the | 19 |
| same conditions as contributions required under Section | 20 |
| 13-502.
| 21 |
| (2) For contributions on past service, the additional | 22 |
| contribution shall
be 3% of the salary for the
applicable | 23 |
| period of service, plus interest at the annual rate from | 24 |
| time to
time as determined by the Board, compounded | 25 |
| annually from the date of service
to the date of payment. | 26 |
| Contributions for service before the option is
elected may | 27 |
| be made in a lump sum payment to the Fund or by | 28 |
| contributing to the
Fund on the same basis and under the | 29 |
| same conditions as contributions required
under Section | 30 |
| 13-502.
All payments for past service must be paid in full | 31 |
| before credit
is given. No additional optional | 32 |
| contributions may be made for any period
of service for | 33 |
| which credit has been previously forfeited by acceptance of
| 34 |
| a refund, unless the refund is repaid in full with interest | 35 |
| at the rate
specified in Section 13-603, from the date of | 36 |
| refund to the date of repayment.
|
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| In lieu of the retirement annuity otherwise payable under | 2 |
| this Article,
any commissioner who has elected to participate | 3 |
| in the Fund and make
additional optional contributions in | 4 |
| accordance with this Section,
has attained age 55, and has at | 5 |
| least 6 years of service
credit, may elect to have the | 6 |
| retirement annuity computed as follows: 3% of
the participant's | 7 |
| average final salary as a commissioner for each of
the first 8 | 8 |
| years of service credit, plus 4% of such salary for each of the
| 9 |
| next 4 years of service credit, plus 5% of such salary for each | 10 |
| year of
service credit in excess of 12 years, subject to a | 11 |
| maximum of 80% of such
salary. To the extent such commissioner | 12 |
| has made additional optional
contributions with respect to only | 13 |
| a portion of years of service credit,
the retirement annuity | 14 |
| will first be determined in accordance with this
Section to the | 15 |
| extent such additional optional contributions were made, and
| 16 |
| then in accordance with the remaining Sections of this Article | 17 |
| to the
extent of years of service credit with respect to which | 18 |
| additional optional
contributions were not made. The change in | 19 |
| minimum retirement age (from
60 to 55) made by this amendatory | 20 |
| Act of 1993 applies to persons who begin
receiving a retirement | 21 |
| annuity under this Section on or after the effective
date of | 22 |
| this amendatory Act, without regard to whether they are in | 23 |
| service
on or after that date.
| 24 |
| (c) Disability benefits. In lieu of the disability benefits | 25 |
| otherwise
payable under this Article, any commissioner who (1) | 26 |
| has elected to
participate in the Fund, and (2) has become | 27 |
| permanently disabled and as a
consequence is unable to perform | 28 |
| the duties of office, and (3) was making
optional contributions | 29 |
| in accordance with this Section at the time the
disability was | 30 |
| incurred, may elect to receive a disability annuity
calculated | 31 |
| in accordance with the formula in subsection (b). For the
| 32 |
| purposes of this subsection, such commissioner shall be
| 33 |
| considered permanently disabled only if: (i) disability occurs | 34 |
| while in
service as a commissioner and is of such a nature as | 35 |
| to prevent the
reasonable performance of the duties of office | 36 |
| at the time; and (ii) the
Board has received a written |
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| certification by at least 2 licensed
physicians appointed by it | 2 |
| stating that such commissioner is disabled and
that the | 3 |
| disability is likely to be permanent.
| 4 |
| (d) Alternative survivor's benefits. In lieu of the
| 5 |
| survivor's benefits otherwise payable under this Article, the | 6 |
| spouse or
eligible child of any deceased commissioner who (1) | 7 |
| had elected to
participate in the Fund, and (2) was either | 8 |
| making additional optional
contributions on the date of death, | 9 |
| or was receiving an annuity calculated
under this Section at | 10 |
| the time of death, may elect to receive an annuity
beginning on | 11 |
| the date of the commissioner's death, provided that the spouse
| 12 |
| and commissioner must have been married on the date of the last | 13 |
| termination
of a service as commissioner and for a continuous | 14 |
| period of at least one
year immediately preceding death.
| 15 |
| The annuity shall be payable beginning on the date of the | 16 |
| commissioner's
death if the spouse is then age 50 or over, or | 17 |
| beginning at age 50 if the
age of the spouse is less than 50 | 18 |
| years. If a minor unmarried child or
children of the | 19 |
| commissioner, under age 18, also survive, and the child or
| 20 |
| children are under the care of the eligible spouse, the annuity | 21 |
| shall begin
as of the date of death of the commissioner without | 22 |
| regard to the spouse's age.
| 23 |
| The annuity to a spouse shall be 66 2/3% of the amount of | 24 |
| retirement
annuity earned by the commissioner on the date of | 25 |
| death, subject to a
minimum payment of 10% of salary, provided | 26 |
| that if an eligible spouse,
regardless of age, has in his or | 27 |
| her care at the date of death of the
commissioner any unmarried | 28 |
| child or children of the commissioner under age
18, the minimum | 29 |
| annuity shall be 30% of the commissioner's salary, plus 10%
of | 30 |
| salary on account of each minor child of the commissioner, | 31 |
| subject to a
combined total payment on account of a spouse and | 32 |
| minor children not to
exceed 50% of the deceased commissioner's | 33 |
| salary. In the event there shall
be no spouse of the | 34 |
| commissioner surviving, or should a spouse die while
eligible | 35 |
| minor children still survive the commissioner, each such child
| 36 |
| shall be entitled to an annuity equal to 20% of salary of the |
|
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| commissioner
subject to a combined total payment on account of | 2 |
| all such children not to
exceed 50% of salary of the | 3 |
| commissioner. The salary to be used in the
calculation of these | 4 |
| benefits shall be the same as that prescribed for
determining a | 5 |
| retirement annuity as provided in subsection (b) of this | 6 |
| Section.
| 7 |
| Upon the death of a commissioner occurring after | 8 |
| termination of a service
or while in receipt of a retirement | 9 |
| annuity, the combined total payment to
a spouse and minor | 10 |
| children, or to minor children alone if no eligible
spouse | 11 |
| survives, shall be limited to 75% of the amount of retirement
| 12 |
| annuity earned by the commissioner.
| 13 |
| Adopted children shall have status as natural children of | 14 |
| the
commissioner only if the proceedings for adoption were | 15 |
| commenced at least
one year prior to the date of the | 16 |
| commissioner's death.
| 17 |
| Marriage of a child or attainment of age 18, whichever | 18 |
| first occurs,
shall render the child ineligible for further | 19 |
| consideration in the payment
of annuity to a spouse or in the | 20 |
| increase in the amount thereof. Upon
attainment of | 21 |
| ineligibility of the youngest minor child of the
commissioner, | 22 |
| the annuity shall immediately revert to the amount payable
upon | 23 |
| death of a commissioner leaving no minor children surviving. If | 24 |
| the
spouse is under age 50 at such time, the annuity as revised | 25 |
| shall be
deferred until such age is attained.
| 26 |
| (e) Refunds. Refunds of additional optional contributions | 27 |
| shall be made
on the same basis and under the same conditions | 28 |
| as provided under Section
13-601. Interest shall be credited on | 29 |
| the same basis and under the same
conditions as for other | 30 |
| contributions.
| 31 |
| Optional contributions shall be accounted for in a separate | 32 |
| Commission's
Optional Contribution Reserve. Optional | 33 |
| contributions under this Section
shall be included in the | 34 |
| amount of employee contributions used to compute
the tax levy | 35 |
| under Section 13-503.
| 36 |
| (f) Effective date. The effective date of this plan of |
|
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LRB093 20771 LRD 46672 b |
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| optional
alternative benefits and contributions shall be the | 2 |
| date upon which
approval was received from the U.S. Internal | 3 |
| Revenue Service. The plan of
optional alternative benefits and | 4 |
| contributions shall not be available to
any former employee | 5 |
| receiving an annuity from the Fund on the effective
date, | 6 |
| unless said former employee re-enters service and renders at | 7 |
| least 3
years of additional service after the date of re-entry | 8 |
| as a commissioner.
| 9 |
| (Source: P.A. 90-12, eff. 6-13-97; 91-887, eff. 7-6-00.)
| 10 |
| (40 ILCS 5/13-402) (from Ch. 108 1/2, par. 13-402)
| 11 |
| Sec. 13-402. Length of service. For the purpose of | 12 |
| computing the length
of service for the retirement annuity, | 13 |
| surviving spouse's annuity, and
child's annuity, and | 14 |
| calculating the minimum service requirement for
payment of | 15 |
| military service under subsection (b) of Section 13-403,
| 16 |
| service of 120 days in any one calendar year shall constitute | 17 |
| one year
of service and service for any fractional part thereof | 18 |
| shall constitute an
equal fractional part of one year of | 19 |
| service unless specifically provided
otherwise. For all other | 20 |
| purposes under this Article, including but not
limited to the | 21 |
| optional plans of additional benefits and contributions | 22 |
| provided
under Sections 13-304 , 13-304.1, and 13-314 of this | 23 |
| Article, 26 pay periods of service
during any 12 consecutive | 24 |
| months shall constitute a year of service, and
service rendered | 25 |
| for 50% or more of a single pay period shall constitute
service | 26 |
| for the full pay period. Service of less than 50% of a single | 27 |
| pay
period shall not be counted.
| 28 |
| (Source: P.A. 93-334, eff. 7-24-03.)
| 29 |
| (40 ILCS 5/13-502) (from Ch. 108 1/2, par. 13-502)
| 30 |
| Sec. 13-502. Employee contributions; deductions from | 31 |
| salary.
| 32 |
| (a) Retirement annuity and child's annuity. There shall be | 33 |
| deducted
from each payment of salary an amount equal to 7 1/2% | 34 |
| of salary as the
employee's contribution for the retirement |
|
|
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LRB093 20771 LRD 46672 b |
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| annuity, including annual
increases therefore and child's | 2 |
| annuity.
| 3 |
| (b) Surviving spouse's annuity. There shall be deducted | 4 |
| from each
payment of salary an amount equal to 1 1/2% of salary | 5 |
| as the employee's
contribution for the surviving spouse's | 6 |
| annuity and annual increases therefor.
| 7 |
| (c) Pickup of employee contributions. The Employer may pick | 8 |
| up employee
contributions required under subsections (a) and | 9 |
| (b) of this Section. If
contributions are picked up they shall | 10 |
| be treated as Employer contributions
in determining tax | 11 |
| treatment under the United States Internal Revenue Code,
and | 12 |
| shall not be included as gross income of the employee until | 13 |
| such time
as they are distributed. The Employer shall pay these | 14 |
| employee
contributions from the same source of funds used in | 15 |
| paying salary to the
employee. The Employer may pick up these | 16 |
| contributions by a reduction in
the cash salary of the employee | 17 |
| or by an offset against a future salary
increase or by a | 18 |
| combination of a reduction in salary and offset against a
| 19 |
| future salary increase. If employee contributions are picked up | 20 |
| they shall be
treated for all purposes of this Article 13, | 21 |
| including Sections 13-503 and
13-601, in the same manner and to | 22 |
| the same extent as employee contributions
made prior to the | 23 |
| date picked up.
| 24 |
| (d) Subject to the requirements of federal law, the | 25 |
| Employer shall
pick up optional contributions that the employee | 26 |
| has elected to pay to the
Fund under Section 13-304.1, and the | 27 |
| contributions so picked up
shall be treated as employer | 28 |
| contributions for the purposes of determining
federal tax | 29 |
| treatment. The Employer shall pick up the contributions by a
| 30 |
| reduction in the cash salary of the employee and shall pay the | 31 |
| contributions
from the same fund that is used to pay earnings | 32 |
| to the employee. The Employer
shall, however, continue to | 33 |
| withhold federal and State income taxes based upon
| 34 |
| contributions made under Section 13-304.1 until the Internal | 35 |
| Revenue Service or
the federal courts rule that pursuant to | 36 |
| Section 414(h) of the U.S. Internal
Revenue Code of 1986, as |
|
|
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LRB093 20771 LRD 46672 b |
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| amended, these contributions shall not be included as
gross | 2 |
| income of the employee until such time as they are distributed | 3 |
| or made
available.
| 4 |
| (e) Each employee is deemed to consent and agree to the | 5 |
| deductions from
compensation provided for in this Article.
| 6 |
| (f) Subject to the requirements of federal law, the | 7 |
| Employer shall pick up
contributions that a commissioner has | 8 |
| elected to pay to the Fund under Section
13-314, and the | 9 |
| contributions so picked up shall be treated as employer
| 10 |
| contributions for the purposes of determining federal tax | 11 |
| treatment. The
Employer shall pick up the contributions by a | 12 |
| reduction in the cash salary of
the commissioner and shall pay | 13 |
| the contributions from the same fund as is
used to pay earnings | 14 |
| to the commissioner. The Employer shall, however,
continue to | 15 |
| withhold federal and State income taxes based upon | 16 |
| contributions
made under Section 13-314 until the U.S. Internal | 17 |
| Revenue Service or the
federal courts rule that pursuant to | 18 |
| Section 414(h) of the Internal Revenue
Code of 1986, as | 19 |
| amended, these contributions shall not be included as gross
| 20 |
| income of the employee until such time as they are distributed | 21 |
| or made
available.
| 22 |
| (Source: P.A. 92-599, eff. 6-28-02.)
| 23 |
| (40 ILCS 5/13-601) (from Ch. 108 1/2, par. 13-601)
| 24 |
| Sec. 13-601. Refunds.
| 25 |
| (a) Withdrawal from service. Upon withdrawal from service, | 26 |
| an employee
under age 55 (age 50 if the employee first entered | 27 |
| service before June
13, 1997) , or an employee age 55 (age 50 if | 28 |
| the employee first entered
service before June 13, 1997) or | 29 |
| over but less than 60 having less
than 20 years of service, or | 30 |
| an employee age 60 or over having less than 5
years of service | 31 |
| shall be entitled, upon application, to a refund of total
| 32 |
| contributions from salary deductions or amounts otherwise paid | 33 |
| under this
Article by the employee. The refund shall not | 34 |
| include interest credited to
the contributions. The Board may, | 35 |
| in its discretion, withhold payment of a
refund for a period |
|
|
|
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LRB093 20771 LRD 46672 b |
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| 1 |
| not to exceed one year from the date of filing an
application | 2 |
| for refund.
| 3 |
| (b) Surviving spouse's annuity contributions. A refund of | 4 |
| all amounts
deducted from salary or otherwise contributed by an | 5 |
| employee for the
surviving spouse's annuity shall be paid upon | 6 |
| retirement to any employee
who on the date of retirement is | 7 |
| either not married or is married but whose
spouse is not | 8 |
| eligible for a surviving spouse's annuity paid wholly or in
| 9 |
| part under this Article. The refund shall include interest on
| 10 |
| each contribution at the rate of 3% per annum compounded | 11 |
| annually from the
date of the contribution to the date of the | 12 |
| refund.
| 13 |
| (c) When paid to children, estate or beneficiary. Whenever | 14 |
| the total
accumulations, to the account of an employee from | 15 |
| employee contributions,
including interest, have not been paid | 16 |
| to the employee and surviving spouse
as a retirement or | 17 |
| spouse's annuity before the death of the survivor of the
| 18 |
| employee and spouse, a refund shall be paid as follows: an | 19 |
| amount equal to
the excess of such amounts over the amounts | 20 |
| paid on such annuities without
interest on either such amount, | 21 |
| shall be paid to the children of the
employee, in equal parts | 22 |
| to each, unless the employee has directed in
writing, signed by | 23 |
| him before an officer authorized to administer oaths,
and filed | 24 |
| with the Board before the employee's death, that any such | 25 |
| amount
shall be refunded and paid to any one or more of such | 26 |
| children; and if
there are not children, such other beneficiary | 27 |
| or beneficiaries as might be
designated by the employee. If | 28 |
| there are no such children or designation
of beneficiary, the | 29 |
| refund shall be paid to the personal representative of
the | 30 |
| employee's estate.
| 31 |
| If a personal representative of the estate has not been | 32 |
| appointed within
90 days from the date on which a refund became | 33 |
| payable, the refund may be
applied, in the discretion of the | 34 |
| Board, toward the payment of the
employee's or the surviving | 35 |
| spouse's burial expenses. Any remaining
balance shall be paid | 36 |
| to the heirs of the employee according to the law of
descent |
|
|
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| 1 |
| and distribution of the State of Illinois.
| 2 |
| If a reversionary annuity becomes payable under Section | 3 |
| 13-303, the
refund provided in this section shall not be paid | 4 |
| until the death of the
reversionary annuitant and the refund | 5 |
| otherwise payable under this section
shall be then further | 6 |
| reduced by the amount of the reversionary annuity paid.
| 7 |
| (d) In lieu of annuity. Notwithstanding the provisions set | 8 |
| forth in
subsection (a) of this section, whenever an employee's | 9 |
| or surviving
spouse's annuity will be less than $200 per month, | 10 |
| the employee or
surviving spouse, as the case may be, may elect | 11 |
| to receive a refund of
accumulated employee contributions; | 12 |
| provided, however, that if the election
is made by a surviving | 13 |
| spouse the refund shall be reduced by any amounts
theretofore | 14 |
| paid to the employee in the form of an annuity.
| 15 |
| (e) Forfeiture of rights. An employee or surviving spouse | 16 |
| who receives
a refund forfeits the right to receive an annuity | 17 |
| or any other benefit
payable under this Article except that if | 18 |
| the refund is to a surviving
spouse, any child or children of | 19 |
| the employee shall not be deprived of the
right to receive a | 20 |
| child's annuity as provided in Section 13-308 of this
Article, | 21 |
| and the payment of a child's annuity shall not reduce the | 22 |
| amount
refundable to the surviving spouse.
| 23 |
| (Source: P.A. 87-794; 87-1265.)
| 24 |
| (40 ILCS 5/13-603) (from Ch. 108 1/2, par. 13-603)
| 25 |
| Sec. 13-603. Restoration of rights. If an employee who has | 26 |
| received a
refund subsequently re-enters the service and | 27 |
| renders one year of contributing
service from the date of such | 28 |
| re-entry, the employee shall be entitled to
have restored all | 29 |
| accumulation and service credits previously forfeited by
| 30 |
| making a repayment of the refund, including interest from the | 31 |
| date of the
refund to the date of repayment at a rate equal to | 32 |
| the higher of 8% per annum
or the actuarial investment return | 33 |
| assumption used in the Fund's most recent
Annual Actuarial | 34 |
| Statement. Repayment may be made either directly to the Fund
or | 35 |
| in a manner similar to that provided for the contributions |
|
|
|
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LRB093 20771 LRD 46672 b |
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| 1 |
| required under
Section 13-502. The service credits represented | 2 |
| thereby, or any part thereof,
shall not become effective unless | 3 |
| the full amount due has been paid by the
employee, including | 4 |
| interest. The repayment must be made in full no later
than 90 | 5 |
| days following the date of the employee's final withdrawal from
| 6 |
| service. If the employee fails to make a full repayment, any | 7 |
| partial amounts
paid by the employee shall be refunded without | 8 |
| interest if the employee dies
in service or withdraws .
| 9 |
| (Source: P.A. 91-887, eff. 7-6-00.)
| 10 |
| (40 ILCS 5/13-807) (from Ch. 108 1/2, par. 13-807)
| 11 |
| Sec. 13-807. Felony conviction. None of the benefits | 12 |
| provided in this
Article shall be paid to any person who is | 13 |
| convicted of any felony relating
to or arising out of or in | 14 |
| connection with service as an employee.
| 15 |
| This section shall not operate to impair any contract or | 16 |
| vested right
heretofore acquired under any law or laws | 17 |
| continued in this Article, nor to
preclude a person's
the right | 18 |
| to a refund . For a person who enters
service under the Fund on | 19 |
| or after the effective date of this
amendatory Act of the 93rd | 20 |
| General Assembly, a refund under this Section shall
consist of | 21 |
| amounts representing employee contributions paid by the person | 22 |
| to
the Fund (including such amounts paid by the person to | 23 |
| establish additional or
optional credit), without interest, | 24 |
| less the amount of benefits paid to the
person (including | 25 |
| benefits paid to an alternate payee under a QILDRO) by the
| 26 |
| Fund. The refund shall not include employer contributions or | 27 |
| any interest on
contributions. This Section does not require | 28 |
| repayment to the Fund of any
benefit paid before the date of | 29 |
| the conviction .
| 30 |
| All persons entering service subsequent to July 11, 1955 | 31 |
| shall be deemed
to have consented to the provisions of this | 32 |
| Section as a condition of
coverage.
| 33 |
| (Source: P.A. 87-794.)
| 34 |
| Section 90. The State Mandates Act is amended by adding |
|
|
|
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LRB093 20771 LRD 46672 b |
|
| 1 |
| Section 8.28 as
follows:
| 2 |
| (30 ILCS 805/8.28 new)
| 3 |
| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | 4 |
| of this
Act, no reimbursement by the State is required for the | 5 |
| implementation of
any mandate created by this amendatory Act of | 6 |
| the 93rd General Assembly.
| 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law. |
|
|
|
SB2566 |
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LRB093 20771 LRD 46672 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 40 ILCS 5/13-301 |
from Ch. 108 1/2, par. 13-301 |
| 4 |
| 40 ILCS 5/13-302 |
from Ch. 108 1/2, par. 13-302 |
| 5 |
| 40 ILCS 5/13-306 |
from Ch. 108 1/2, par. 13-306 |
| 6 |
| 40 ILCS 5/13-308 |
from Ch. 108 1/2, par. 13-308 |
| 7 |
| 40 ILCS 5/13-309 |
from Ch. 108 1/2, par. 13-309 |
| 8 |
| 40 ILCS 5/13-309.1 new |
|
| 9 |
| 40 ILCS 5/13-310 |
from Ch. 108 1/2, par. 13-310 |
| 10 |
| 40 ILCS 5/13-311 |
from Ch. 108 1/2, par. 13-311 |
| 11 |
| 40 ILCS 5/13-314 |
from Ch. 108 1/2, par. 13-314 |
| 12 |
| 40 ILCS 5/13-402 |
from Ch. 108 1/2, par. 13-402 |
| 13 |
| 40 ILCS 5/13-502 |
from Ch. 108 1/2, par. 13-502 |
| 14 |
| 40 ILCS 5/13-601 |
from Ch. 108 1/2, par. 13-601 |
| 15 |
| 40 ILCS 5/13-603 |
from Ch. 108 1/2, par. 13-603 |
| 16 |
| 40 ILCS 5/13-807 |
from Ch. 108 1/2, par. 13-807 |
| 17 |
| 30 ILCS 805/8.28 new |
|
| |
|